Home
Legal Advice
International Law
Can Indian citizens sue a foreign government in Indian courts?

Can Indian citizens sue a foreign government in Indian courts?

26-Aug-2025

International Law

Answer By law4u team

Yes, but only in limited situations. Under Indian law, a foreign government generally enjoys sovereign immunity in Indian courts — meaning it cannot be sued without its consent. This principle comes from the Code of Civil Procedure, 1908 (Sections 86–87), which is still in force for this purpose. Key points: • Consent of Central Government – To sue a foreign state in an Indian court, prior written consent from the Central Government is required. • Exceptions – Immunity may not apply if: – The foreign state has waived its immunity (expressly or by conduct). – The case relates to commercial transactions or private acts (acta jure gestionis) rather than sovereign acts (acta jure imperii). • Criminal cases – Foreign governments cannot be prosecuted in Indian criminal courts; only individuals (like diplomats) may face cases, and even then diplomatic immunity rules apply. • International law link – India follows the principle of restrictive immunity, which allows suits against foreign states for their commercial activities.

Answer By Ayantika Mondal

Dear Client, Indian citizens do not have the right to bring a suit against a foreign government in Indian courts because of what is known as sovereign immunity. That is a recognised international principle that protects a state and its properties from a foreign court’s reach. Also, in a few special cases, that rule does not apply. A foreign government may be sued in an Indian court if:. Foreign governments have chosen to forgo their immunity and submit to the Indian court’s jurisdiction, which is not a common practice and mostly is seen in commercial or contractual disputes in which the foreign government has agreed to the Indian court’s jurisdiction. In that which is a commercial transaction and not a sovereign or governmental act, the suit is brought. For example, if a foreign embassy in India enters into a commercial agreement to purchase office supplies from an Indian company and then fails to pay, a court may more likely take up the issue. The suit is brought forth with the permission of the Central Government of India. As per Section 86 of the Civil Procedure Code of 1908, a foreign state does not have a case brought against it in an Indian court without the Central Government’s say so. The government will determine on a case-by-case basis to what extent they will give that permission. In fact, what we see is that bringing action against a foreign government is very hard, and the concept of sovereign immunity is a very basic tenet of international law, which in turn causes courts to not get involved in the business of other independent nations. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By Ayantika Mondal

Dear Client, An Indian citizen may bring suit against a foreign government in Indian courts but does so in some what limited circumstances and only with the Central Government of India’s prior say so. Sovereign immunity is a precept which puts that one sovereign state is not a party to another sovereign state’s court cases. This principle which is based on the maxim par in parem non habet imperium that a equal does not have power over equal is a base of international law and in Indian law is put forth in Section 86 of the Code of Civil Procedure of 1908. Key Features of Section 86 in the CPC: General Rule: Section 86(1) of the CPC says that no suit may be brought against a foreign state without the permission of the Central Government which is to be in written form. This is what Indian citizens have to do in order to bring a suit against a foreign government. When Consent is Given: The Government may grant this permission for a specific case or class of cases but not at will. What it may do so is when that which is put forth is proven as stated in Section 86(2). The foreign state is the one which has brought a case in the Indian court against the person that is looking to sue them. A foreign entity or through an agent does business within the local jurisdiction of the court. The suit relates to immovable property within the court’s local limits which is in the possession of the foreign state. Foreign states have done away with their right to immunity. Exceptions to the Rule: Commercial Transactions: Indian courts which include the Supreme Court have taken a more narrow approach to the issue of sovereign immunity. They rule that in general what is in question is “sovereign acts” which are those performed in a government capacity or jure imperii but not “commercial acts” which are of a private or commercial nature or jure gestionis. For instance should a foreign state owned air carrier enter into a commercial agreement in India it may not put forth a claim of sovereign immunity to avoid a suit related to that agreement. Special Statutes: Some in particular the Carriage by Air Act of 1972 or the Consumer Protection Act of 1986 which may put forward a lawsuit against a foreign government body without the Central Government’s consent to which the general provisions of the CPC apply. Tenancy Cases: In Section 86(1) there is a provision which includes an exception that a foreign state may be sued as a tenant of immovable property without the Central Government’s consent. The Central Government’s Role in: In the event of exceptions to rules applying a case over, the Central Government’s consent is a key step. Although the process of giving that consent is a administrative one, the Supreme Court has ruled out that it must be done so fairly and reasonably. The government may not turn down consent for arbitrary or political reasons which is what is asked of them to prove with solid reason for their decision. Summary: In India’s courts a foreign government may be sued by an Indian citizen which is within a very narrow legal framework that which is based on the principle of sovereign immunity. Usually a citizen has to get prior written permission from the Central Government to sue which is given out in very specific situations when the foreign state is involved in commercial activities or has in some way, either directly or indirectly, given up its immunity. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!

Answer By Ayantika Mondal

Dear Client, A general rule is that a foreign government cannot bring suit in an Indian court without first obtaining the Central Government of India’s written permission. In Section 86 of the Code of Civil Procedure, 1908 (CPC) this principle is included. Also the legal doctrine of sovereign immunity which puts forth that it is the role of one sovereign state and not another’s to have jurisdiction is based on this. It is put in place to facilitate smooth international relations and diplomacy. Conditions for Suing a Foreign Government While in most cases there is a bar to these suits Section 86 of the CPC also provides for certain exceptions in case the Central Government gives their permission to them. The Central Government’s nod is not a formality and they can give it if at the time of decision they feel that the foreign entity:. Has brought a case in Indian court against the party that wishes to sue it. Within the area which the court has jurisdiction over. In the court's jurisdiction which is the local area and the suit is regarding that property. Has in fact waived it’s. Exceptions to the Rule The Indian judicial system has over the years taken a more “restrictive” stand on sovereign immunity which in turn means that a foreign government may not put forward claims of immunity for what are purely commercial activities. Some issues to note are:. Commercial Transactions: Indian courts are reporting a trend of not upholding foreign states’ immunity for commercial transactions. For example if a foreign embassy enters into a contract for construction work or a commercial lease we see courts go after them in terms of legal action. Specific Statutes: In some cases a particular law may take precedence over the general rules of the CPC. In a landmark case the Supreme Court of India held that the Consumer Protection Act and the Carriage by Air Act, which are special statutes, would in fact take over the general bar of Section 86 of the CPC. Diplomatic Immunity: It is important to note that which foreign government and which diplomats are separate entities. Article 86 of the CPC and also under the Vienna Convention and other international agreements diplomats, ambassadors and staff are given great immunity. The Process If you wish to bring a suit against a foreign government first and foremost you will have to approach the Ministry of External Affairs for permission to do so. You should present your case fully in that application. The Central Government is to be given a chance to put forth its case before a request is turned down. This is a very specialized area of law in which the results of a case’s outcome depend greatly on the particular facts at hand, the type of dispute commercial or sovereign act) and the Central Government’s will to give permission. I hope this answer helps to resolve your queries. Don’t hesitate to reach out with any further questions. Thank you!